What's New?
 - Sitemap - Calendar
Trade Agreements - FTAA Process - Trade Issues 

español - français - português
Search

INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - CANADA

Copyright Act - Chapter C-42


INDEX

 

SHORT TITLE

INTERPRETATION

Definitions

Compilations

Idem

Definition of "maker"

Definition of "publication"

Issue of photographs and engravings

Where no consent of copyright owner

Unpublished works

Telecommunication

Communication to the public by telecommunication

Regulations

Exception

What constitutes rental

Motive of gain

Exclusive distributor

Exclusive licence

PART I

COPYRIGHT AND MORAL RIGHTS IN WORKS

COPYRIGHT

Copyright in works

Simultaneous fixing

WORKS IN WHICH COPYRIGHT MAY SUBSIST

Conditions for subsistence of copyright

Protection for older works

Limitation

Application of subsections (1.01) and (1.02)

First publication

Idem

Minister may extend copyright to other countries

Reciprocity protection preserved

TERM OF COPYRIGHT

Term of copyright

Anonymous and pseudonymous works

Anonymous and pseudonymous works of joint authorship

Term of copyright in posthumous works

Application of subsection (1)

Transitional provision  

Transitional provision  

Cases of joint authorship

Nationals of other countries

Term of copyright in photographs

Author of photograph

Cinematographic works

Where copyright belongs to Her Majesty

OWNERSHIP OF COPYRIGHT

Ownership of copyright

Engraving, photograph or portrait

Work made in the course of employment

Assignments and licences

Ownership in case of partial assignment

Assignment of right of action

Exclusive licence

Limitation where author is first owner of copyright

Restriction

MORAL RIGHTS

Moral rights

No assignment of moral rights

No waiver by assignment

Effect of waiver

Term

Succession

Subsequent succession

PART II

COPYRIGHT IN PERFORMER'S PERFORMANCES, SOUND RECORDINGS AND COMMUNICATION SIGNALS

PERFORMERS' RIGHTS

Copyright in performer's performance

Conditions

Publication

Contractual arrangements

Cinematographic works

Right to remuneration

Application of subsection (2)

Exception

RIGHTS OF SOUND RECORDING MAKERS

Conditions for copyright

Conditions for copyright

Publication

PROVISIONS APPLICABLE TO BOTH PERFORMERS AND SOUND RECORDING MAKERS

Right to remuneration

Royalties

Division of royalties

Conditions

Exception

Exception

Application of section 19

RIGHTS OF BROADCASTERS

Copyright in communication signals

Conditions for copyright

Exception

RECIPROCITY

Reciprocity

Reciprocity

Application of Act

Application of Act

TERM OF RIGHTS

Term of rights

Term of right to remuneration

Application of subsections (1) and (2)

Berne Convention countries, Rome Convention countries, WTO Members

Where term of protection expired

OWNERSHIP OF COPYRIGHT

Ownership of copyright

Assignment of rights

PERFORMERS' RIGHTS - WTO COUNTRIES

Performer's performance in WTO country

Where country joins WTO after Jan. 1, 1996

Performer's performances before Jan. 1, 1996

Where country joins WTO after Jan. 1, 1996

Term of performer's rights

Assignment of rights

Limitation

PART III

INFRINGEMENT OF COPYRIGHT AND MORAL RIGHTS AND EXCEPTIONS TO INFRINGEMENT

INFRINGEMENT OF COPYRIGHT

General

Infringement generally

Secondary infringement

Knowledge of importer

Plates

Public performance for profit

Parallel Importation of Books

Importation of books

Secondary infringement

Limitation

Exclusive distributor

Notice

Regulations

MORAL RIGHTS INFRINGEMENT

Infringement generally

Nature of right of integrity

Where prejudice deemed

When work not distorted, etc.

EXCEPTIONS

Fair Dealing

Research or private study

Criticism or review

News reporting

Acts Undertaken without Motive of Gain

Motive of gain

Cost recovery

Educational Institutions

Reproduction for instruction

Reproduction for examinations, etc.

Where work commercially available

Performances

Unlawful reception

Literary collections

Libraries, Archives and Museums in Educational Institutions

Application to libraries, etc. within educational institutions

National Archives of Canada

Copies for archival purposes

Computer Programs

Permitted acts

Incidental Inclusion

Incidental use

Retransmission

Interpretation

Retransmission of local signals

Regulations

Persons with Perceptual Disabilities

Reproduction in alternate format

Limitation

Limitation

Statutory Obligations

No infringement

Limitation

Destruction of fixation or copy

Miscellaneous

Permitted acts

Further permitted acts

Further permitted acts

INTERPRETATION

No right to equitable remuneration

COMPENSATION FOR ACTS DONE BEFORE RECOGNITION OF COPYRIGHT OF PERFORMERS AND BROADCASTERS

Certain rights and interests protected

Compensation

Limitation

Certain rights and interests protected

Compensation

Limitation

COMPENSATION FOR ACTS DONE BEFORE RECOGNITION OF COPYRIGHT OR MORAL RIGHTS

Certain rights and interests protected

Compensation

PART IV

REMEDIES

CIVIL REMEDIES

Copyright

Moral rights

Costs

Idem

Presumptions respecting copyright and ownership

Where no grant registered

Liability for infringement

Proof of profits

Protection of separate rights

Where copyright owner to be made party

Owner's liability for costs

Apportionment of damages, profits

Concurrent jurisdiction of Federal Court

Recovery of possession of copies, plates

Powers of court

Notice to interested persons

Circumstances court to consider

Limitation

Injunction only remedy when defendant not aware of copyright

Exception where copyright registered

No injunction in case of a building

Certain remedies inapplicable

Limitation period for civil remedies

Restriction

CRIMINAL REMEDIES

Offences and punishment

Possession and performance offences and punishment

Power of court to deal with copies or plates

Limitation period

Parallel importation of books

Infringement in case of dramatic, operatic or musical work

Change or suppression of title or author's name

IMPORTATION

Importation of certain copyright works prohibited

Definitions

Power of court

Who may apply

Order of court

How application made

Court may require security

Application for directions

Minister may allow inspection

Where applicant fails to commence an action

Where court finds in plaintiff's favour

Other remedies not affected

Importation of books

Who may apply

Limitation

Application of certain provisions

Limitation

Importation of other subject-matter

Exceptions

Satisfactory evidence

 

  Continue with INDEX of Copyright Act - Chapter C-42